Mediation is a flexible, quick and confidential out-of-court process in which a neutral person-Mediator, actively assists in working towards a negotiated agreement of a legal dispute and where the parties are in ultimate control of the outcome of the dispute.
Mediation saves time and money, both of which are valuable resources in the business world.
The main reasons to pick Mediation when settling a commercial dispute are the following:
1) establishment of stable and long-lasting business relations;
2) efficiency in resolving commercial disputes and other disagreements, arising from business relations.
The Harvard Mediation Model was developed by Roger Fisher and William Ury in the Program on Negotiation at Harvard Law School. This model is extremely useful in out-of-court dispute resolution. Mediation puts the main focus on the interests of the parties, the maintenance of balanced relations and on finding a win-win solution.
The Harvard Mediation Model has four characteristics defining a straightforward method of negotiation that can be used under almost any circumstance:
1) People: The parties are separated from the problem.
2) Interests: Focuses on the interests, not on the positions of the parties.
3) Options: Provides a variety of possibilities before the parties undertake any action.
4) Criteria: The results of the Mediation are objective and always in favor of both parties.
Tanya Alexandrova, LL.M
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